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Adiós, Guantánamo
The Wall Street Journal ^ | June 12, 2008 | JAMES TARANTO

Posted on 06/12/2008 4:16:23 PM PDT by vietvet67

"The Nation will live to regret what the Court had done today," Justice Antonin Scalia writes at the end of his dissent in Boumediene v. Bush, the case in which a bare majority of the Supreme Court, for the first time ever, extended rights under the U.S. constitution to enemy combatants who have never set foot on U.S. soil.

It's worth noting that the nation has lived to regret things the court has done in earlier wars. In Schenck v. U.S. (1919), the court upheld the conviction of a Socialist Party leader for distributing an anticonscription flier during World War I--material that would unquestionably be protected by the First Amendment under Brandenburg v. Ohio (1969). In Korematsu v. U.S. (1944), the court held that the government had the authority to ban Japanese-Americans from certain areas of California, simply on the ground that their ethnic heritage rendered their loyalty suspect. Korematsu has never been overturned, but there is no doubt that it would be in the vanishingly unlikely event that the question ever came up again.

This war was different. Almost immediately after the 9/11 attacks, we began hearing dire warnings about threats to civil liberties. Five members of the high court seem to have internalized these warnings. As Justice Anthony Kennedy put it in his majority opinion today, "The laws and Constitution are designed to survive, and remain in force, in extraordinary times." Kennedy and his colleagues seemed determined to err on the side of an expansive interpretation of constitutional rights.

And err they did. As Justice Scalia writes:

[Today's decision] will almost certainly cause more Americans to be killed. That consequence would be tolerable if necessary to preserve a time-honored legal principle vital to our constitutional Republic. But it is this Court's blatant abandonment of such a principle that...

(Excerpt) Read more at online.wsj.com ...


TOPICS: Editorial; Government; News/Current Events; War on Terror
KEYWORDS: boumediene; decision; enemycombatant; gitmo; judiciary; militarycommissions; militarytribunal; ruling; scalia; scotus; taranto; terrorists
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1 posted on 06/12/2008 4:16:23 PM PDT by vietvet67
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To: vietvet67
Five black-robed Marxist/Anarchist Thugs
have just un-constitutionally seized power
away from the American people and our
duly elected representatives.

2 posted on 06/12/2008 4:18:13 PM PDT by Uri’el-2012 (you shall know that I, YHvH, your Savior, and your Redeemer, am the Elohim of Ya'aqob. Isaiah 60:16)
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To: vietvet67
"The Nation will live to regret what the Court had done today,"

Is he a sensationalist, or are those monumental words?

3 posted on 06/12/2008 4:18:17 PM PDT by the invisib1e hand (Obama's a front man. Who's behind him?)
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To: vietvet67

Why do the words ‘lock & load’ come to mind?


4 posted on 06/12/2008 4:18:29 PM PDT by realdifferent1 (I hope the 'War on Terror' goes better than the 'War on Poverty'.)
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To: vietvet67

“The Nation will live to regret what the Court had done today”

No truer words...


5 posted on 06/12/2008 4:18:50 PM PDT by xcamel (Being on the wrong track means the unintended consequences express train doesnt kill you going by)
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To: vietvet67
Supreme Court, for the first time ever, extended rights under the U.S. constitution to enemy combatants who have never set foot on U.S. soil - Unbelievable
6 posted on 06/12/2008 4:19:32 PM PDT by SF Republican
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To: vietvet67


The Last Days of the United States

Outrage Over Supreme Court Decision
7 posted on 06/12/2008 4:22:20 PM PDT by Miss Didi ("Good heavens, woman, this is a war not a garden party!" Dr. Meade, Gone with the Wind)
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To: the invisib1e hand

Monumental words.

Scalia ain’t a sensationalist.

The individuals at the center of this discussion, under the internationally-recognized Laws of Land Warfare, could have legitimately been put up against a wall and executed.

Instead, they’re being awarded as-yet-undetermined privileges.


8 posted on 06/12/2008 4:22:30 PM PDT by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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To: realdifferent1

“Why do the words ‘lock & load’ come to mind?”

Better hurry. At this rate the 2nd Amend won’t be around long either.


9 posted on 06/12/2008 4:22:55 PM PDT by AuntB (Vote Obama! ..........Because ya can't blame 'the man' when you are the 'man'.... Wanda Sikes)
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To: vietvet67

Solution: Close Gitmo. Take the prisoners and put them on barges in the middle of the Atlantic and let them float around for eternity. Or, once all are aboard, use the barges as bombing practice targets, and, of course, use live bombs.


10 posted on 06/12/2008 4:23:07 PM PDT by Bushbacker1 (Kill 'em til they're dead, then kill 'em again!)
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To: vietvet67

How have we gone this far? When I was growing up in Texas you could shoot a man who was breaking and entering your house in self-defense. Today, one must prove that one had reason to believe the person was armed with a deadly weapon and had the intent to harm your person (not property)when they break and enter your house in the middle of the night. This decision now conveys the rights of citizenship, applying the right to a trial by jury, to prisoners of war. We can no longer afford to fight a war. The legal costs will be too astronomical!


11 posted on 06/12/2008 4:23:23 PM PDT by DBCJR (What would you expect?)
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To: vietvet67
...to enemy combatants who have never set foot on U.S. soil.

If Guantanamo isn't U.S. soil, what is it? If it's Cuban, would the U.S. answer a detainee's suit in a Cuban court?

I think the Court made the right decision.

12 posted on 06/12/2008 4:24:16 PM PDT by Grut
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To: vietvet67

One very small thing the constitution provides for is the defense of this nation.

The Supreme Court today abdicated that responsibility and ruled for the rights of foreign American killers.

Hanging from the rafters would be too nice.


13 posted on 06/12/2008 4:24:24 PM PDT by VeniVidiVici (Save the Earth! Kill a tree!)
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To: xcamel

I’m shocked that we have to give constitutional rights to enemy combatants, who are not American citizens, and who were engaged in warfare against us. I’m just shocked that such a ruling could come down.


14 posted on 06/12/2008 4:24:24 PM PDT by Dilbert San Diego
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To: vietvet67
extended rights under the U.S. constitution to enemy combatants who have never set foot on U.S. soil.

Wow. It boggles the mind. I'm sure other countries will be rushing to emulate our new ruling - NOT! But they will be running to take advantage and to call us out if we don't 'extend' those rights...

15 posted on 06/12/2008 4:27:16 PM PDT by fortunecookie (Communism/socialism has failed millions, a lesson some of our candidates need to brush up on.)
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To: AuntB

We’ll find out sometime this month; if this decision is any indication of how ‘Heller’ will go, we’re screwed.


16 posted on 06/12/2008 4:27:27 PM PDT by realdifferent1 (I hope the 'War on Terror' goes better than the 'War on Poverty'.)
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To: Grut

By your easoning, our military bases in Germany, Japan, or anywhere else in the world is U.S. soil and not that of the host nation. I must and will disagree with you.


17 posted on 06/12/2008 4:27:27 PM PDT by Bushbacker1 (Kill 'em til they're dead, then kill 'em again!)
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To: realdifferent1

Take them all out to FortMarcy park and Shoot them with a small revolver, and lay them out neatly......The Day Before
Obama’s Inaugural address.....


18 posted on 06/12/2008 4:27:35 PM PDT by LtKerst (Lt Kerst)
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To: Bushbacker1

easoning = reasoning


19 posted on 06/12/2008 4:28:04 PM PDT by Bushbacker1 (Kill 'em til they're dead, then kill 'em again!)
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To: vietvet67
Related link, from 2006, on the horror that is Gitmo....

A Deadly Kindness

(/sarcasm)

20 posted on 06/12/2008 4:28:52 PM PDT by mewzilla (In politics the middle way is none at all. John Adams)
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To: vietvet67

I guess I just don’t understand the Constitution. My elementary school teachers obviously didn’t know what they were talking about and teaching us.

I would really like to understand their thinking on this. Unable to get my mind around it.

Lock and load ... indeed! FUBAR


21 posted on 06/12/2008 4:28:57 PM PDT by Bobibutu
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To: vietvet67
"The Nation will live to regret what the Court had done today"

One of the biggest understatements of recent history. Remember al Qaeda promised to use our own laws against us. The US Supreme Court just enabled them to succeed.

22 posted on 06/12/2008 4:29:34 PM PDT by cake_crumb (Terrorist organizations worldwide endorse Obama.)
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To: AuntB

Two thoughts come to mind.
1. We fiddle as Rome burns.
2. The rope is already around our neck.


23 posted on 06/12/2008 4:29:58 PM PDT by Citizen Tom Paine (Swift as the wind; Calmly majestic as a forest; Steady as the mountains.)
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To: vietvet67
The Supreme Court just insured victory for terrorists everywhere...


24 posted on 06/12/2008 4:30:10 PM PDT by darkwing104 (Lets get dangerous)
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To: Bushbacker1
Since they're putting them under US jurisdiction then let's execute them for treason.
25 posted on 06/12/2008 4:30:25 PM PDT by Hillarys Gate Cult (The man who said "there's no such thing as a stupid question" has never talked to Helen Thomas.)
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To: Dilbert San Diego

Seriously? I’m not anymore; I mean it. It is almost (almost!) to the point that if “it” is good for America, can you can damn well bet the farm the polar opposite is going to be the choice.


26 posted on 06/12/2008 4:30:29 PM PDT by Michael Barnes
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To: Bushbacker1
Solution: Close Gitmo. Take the prisoners and put them on barges in the middle of the Atlantic and let them float around for eternity. Or, once all are aboard, use the barges as bombing practice targets, and, of course, use live bombs.

I have given your post a lot of thought : ) I think practice bombs would do. Lots and lots of practice bombs : )

27 posted on 06/12/2008 4:30:42 PM PDT by LeGrande
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To: DuncanWaring
The individuals at the center of this discussion, under the internationally-recognized Laws of Land Warfare, could have legitimately been put up against a wall and executed.

That is probably how the rules of engagement will be modified ASAP. The enemy combatants will adopt the same tactic (as if they didn't do that already). No more prisoners. No more intel.

28 posted on 06/12/2008 4:31:16 PM PDT by Myrddin
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To: mewzilla
And note to the libs, I have two words to describe your win today: Pyrrhic victory.

You need this as an election issue like I need a tax increase.

29 posted on 06/12/2008 4:32:45 PM PDT by mewzilla (In politics the middle way is none at all. John Adams)
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To: the invisib1e hand
When [if any of us are still free and not either dead or in some Obama-run re-education camp], that sentence should be the equal to ‘A day that will live in infamy’.
30 posted on 06/12/2008 4:32:55 PM PDT by realdifferent1 (I hope the 'War on Terror' goes better than the 'War on Poverty'.)
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To: LtKerst

Agreed Lt.


31 posted on 06/12/2008 4:36:27 PM PDT by realdifferent1 (I hope the 'War on Terror' goes better than the 'War on Poverty'.)
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To: DBCJR
This decision now conveys the rights of citizenship ... prisoners of war.

These guys are not Prisoners of War.

These guys are Unlawful Combatants.

These guys are eligible for summary battlefield execution.

32 posted on 06/12/2008 4:37:50 PM PDT by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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To: Citizen Tom Paine

“Two thoughts come to mind.
1. We fiddle as Rome burns.
2. The rope is already around our neck.”

Ah, well, what the heck, I always wanted to learn to fiddle. Can one do that with a noose around their neck? These days I feel like heading for the hills! But I’m already in the hills!!! No where left to hide.

“If there must be trouble let it be in my day, that my child may have peace.”
Thomas Paine


33 posted on 06/12/2008 4:39:27 PM PDT by AuntB (Vote Obama! ..........Because ya can't blame 'the man' when you are the 'man'.... Wanda Sikes)
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To: the invisib1e hand
Is he a sensationalist, or are those monumental words?

In his dissent, Justice Roberts. when discussing detainee rights, said they need "further litigation to determine the content of their new habeas right". If the judiciary reads into the Great Writ rights such as, speedy trial, right to counsel, search and seizure, and interrogation exclusionary rules, then "The Nation will live to regret what the Court had done today," will be an understatement.

34 posted on 06/12/2008 4:40:58 PM PDT by JimSEA (Kaffur and proud of it.)
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To: Grut
...to enemy combatants who have never set foot on U.S. soil.

If Guantanamo isn't U.S. soil, what is it?

Legally, it is Cuban soil that is perpetually leased to the U.S. by a 1934 treaty. By the terms of that treaty, the lease provisions can be changed only if BOTH governments agreed to break the lease or if the U.S. abandoned the base property.

Every year, the U.S. sends Cuba a check for payment of the lease and, each year, Castro refused to cash it.

If it's Cuban, would the U.S. answer a detainee's suit in a Cuban court?

No. A Cuban court has no jusrisdiction in U.S. military matters conducted on land leased to the U.S. for military matters. A Cuban court can claim jurisdiction and the U.S. can tell the Cuban court to go pound sand.

35 posted on 06/12/2008 4:41:23 PM PDT by Polybius
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To: vietvet67

UNLEASH Hell, make these bastard hear FROM US for once.

HELPFUL TELEPHONE NUMBERS

Public Information Office: 202-479-3211, Reporters press 1

Clerk’s Office: 202-479-3011

Visitor Information Line: 202-479-3030

Opinion Announcements: 202-479-3360


36 posted on 06/12/2008 4:42:10 PM PDT by roses of sharon ( (Who will be McCain's maverick?))
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To: vietvet67

Expect to see far fewer prisoners of war being taken by the US military as a result of this reversal of our Constitution.

The idiot liberals have just ensured that their much beloved terrorists will in future be more likely to be eliminated in the field, after short and perfunctory interrogations.

The basic mechanisms of war will not change because they will it.


37 posted on 06/12/2008 5:10:09 PM PDT by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: Grut

This changes the nature of warfare. Prisoners of war - much less terrorist detainees (they are different) have never received this treatment.

Perhaps you will applaud this decision when a released terrorist kills you or one of your loved ones.


38 posted on 06/12/2008 5:11:39 PM PDT by sgtyork (The secret of happiness is freedom, and the secret of freedom, courage. Thucydides)
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To: XeniaSt
“Five black-robed Marxist/Anarchist Thugs
have just un-constitutionally seized power
away from the American people and our
duly elected representatives.”

That statement is too severe. It could also be said that the Bush Administration has received a necessary check to its tendency to bend American law in its prosecution of the war on terror. That would be too lenient.

The truth is in the middle and emotional reactions won't help. We have to think about what we do next.

Forget about impeachment. You need control of the House of Representatives to impeach and two-thirds of the Senate to remove from office. Judges in the Federal system rightly have tenure for life. (It works both ways. Don't you think Bill Clinton would have had Scalia and Thomas removed from the bench if he could have?)

I have no problem moving the detainees in Guantanamo to the U.S. and trying them in an American Federal court. They'll be in prison longer than they think they will. I noted this in another post; the Federal court calendar is crowded, and not all Federal circuit courts are liberal. If they get the ones for Alabama and Mississippi (hint, George, land them in Biloxi), they could be there for decades. How many murderers live another ten to fifteen years past their victims?

39 posted on 06/12/2008 5:12:19 PM PDT by GAB-1955 (Kicking and Screaming into the Kingdom of Heaven!)
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To: vietvet67
Find someplace less tropical to put them.


40 posted on 06/12/2008 5:32:51 PM PDT by jmcenanly
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To: vietvet67
Ruth Buzzy Ginsberg, Stephen Breyer, David Souter, Kennedy and that other INSANE one will NOT be remmebered well in the history books!!

Are they Stupid or VILE????Are they TRAITORS or just anti-Christians??? If this was President Clinton they woould NEVER have voted this way!

Maybe any and all released TERRORISTS will meet their families someday.......and it will be UGLY if they kill again.

41 posted on 06/12/2008 5:34:36 PM PDT by Ann Archy (Abortion.....The Human Sacrifice to the god of Convenience.)
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To: VeniVidiVici

Is it time to take our country back?


42 posted on 06/12/2008 5:35:27 PM PDT by Ann Archy (Abortion.....The Human Sacrifice to the god of Convenience.)
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To: XeniaSt

Indeed you are correct.


43 posted on 06/12/2008 5:36:50 PM PDT by big'ol_freeper ("Preach the Gospel always, and when necessary use words". ~ St. Francis of Assisi)
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To: jmcenanly

lol.

Then the polar bears would get lawyered up too. :-)


44 posted on 06/12/2008 5:39:00 PM PDT by vietvet67
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To: realdifferent1

“if this decision is any indication of how ‘Heller’ will go, we’re screwed.”

Not really. It gives us a direction to shoot.


45 posted on 06/12/2008 5:42:05 PM PDT by sergeantdave (Governments hate armed citizens more than armed criminals)
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To: cake_crumb

Listen Americans, and understand!

The treacherous Democrats and their terrorists are out there! They can’t be bargained with. They can’t be reasoned with. They don’t feel pity, or remorse, or fear. And they absolutely will not stop, ever, until you are dead.


46 posted on 06/12/2008 5:45:14 PM PDT by roses of sharon ( (Who will be McCain's maverick?))
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To: vietvet67

it never ceases to amaze the power that the left-media has over america. in one word:

fear.

i remember when bill o’reilly went down to gitmo and i discussed it with a female democrat-tv-viewer friend.

she wouldn’t believe what i said about o’relly’s trip.

she believes that gitmo is more evil than what our enemies do in iraq.

i mentioned the beheading of daniel pearl in pakistan and she just looked at me in disbelief:

how could i not understand that bush and gitmo are more evil?

unbelievable.


47 posted on 06/12/2008 5:49:00 PM PDT by ken21 ( people die + you never hear from them again.)
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To: All
ARTICLE SNIPPET:

"[Today's decision] will almost certainly cause more Americans to be killed. "

48 posted on 06/12/2008 6:23:22 PM PDT by Cindy
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To: GAB-1955
That statement is too severe. It could also be said that the Bush Administration has received a necessary check to its tendency to bend American law in its prosecution of the war on terror. That would be too lenient.

Check out Charles Krauthammer's thoughts before you let them off.

49 posted on 06/12/2008 6:28:30 PM PDT by Uri’el-2012 (you shall know that I, YHvH, your Savior, and your Redeemer, am the Elohim of Ya'aqob. Isaiah 60:16)
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To: big'ol_freeper
I came to this after listening to Charles Krauthammer's remarks on Fox's Special Report tonight.

50 posted on 06/12/2008 6:32:01 PM PDT by Uri’el-2012 (you shall know that I, YHvH, your Savior, and your Redeemer, am the Elohim of Ya'aqob. Isaiah 60:16)
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